The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, victim AO andN are as follows.

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of fact) The Defendant committed each fraud against the Victim FF Co., Ltd. and G, and the Defendant did not deceiving G, an operator of the Victim F Co., Ltd. (hereinafter “victim”) as stated in the lower judgment, as stated in the facts constituting the crime. Rather, G was fully aware of the financial situation of the Defendant or the Defendant, and the Defendant was able and capable of paying the construction cost at the time of concluding the construction contract, and thus, there was no intention to deceive the Defendant.

In addition, the defendant did not deceiving the victim G as stated in the facts of the crime in the judgment below, and instead, the victim G was aware of all the financial situation of the defendant or J. The defendant was the victim G, and the market price of each land listed in the separate sheet owned by J, which established the right to collateral security to collateral security (hereinafter "the site of this case") reaches KRW 1,615,640,00,000, and there was sufficient value of collateral and the defendant had the intent and ability to repay the borrowed money at the time of borrowing the money from the victim G, so there was no intention of deceiving the defendant.

B) The Defendant was unaware of the victim N as stated in the facts of the crime in the judgment below, and the victim N was actively involved in the waste disposal business (hereinafter “the instant business”). The Defendant was unable to attract investment originally promised by the victim N, and the Defendant was able to receive or borrow money from the victim N, and thus, did not have any intent to deceive the Defendant. As the Defendant had the intent to receive or borrow money from the victim N, it was unaware of the intent of deceiving the Defendant.

2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

(b)a prosecutor 1);